Employee and Employer Contributions
401(k) plans typically include both participant salary deferrals and employer matching or discretionary contributions. In divorce, a QDRO may divide the total account or only the marital portion. The distinction is especially important when employer contributions are not fully vested.
We often see cases where the employer’s portion is subject to a vesting schedule. If not 100% vested, part of the balance may be forfeited later—so being clear about how to handle this in your QDRO is critical. Some clients choose to split only the vested balance; others agree to divide the entire account and accept the risk of future forfeiture.

